Business Associate Agreement

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“TMI” usually means “too much information”, but it was used aptly by the Office for Civil Rights (OCR) as an acronym for a covered entity that exposed protected health information…
Continue Reading Too Much (Protected Health) Information Exposed + Too Little Response = $3M and Corrective Action Plan for Medical Imaging Company

Yesterday’s listserv announcement from the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) brought to mind this question. The post announces the agreement…
Continue Reading To BAA or Not to BAA? The Question a Florida Provider Should Have Asked in 2011 Results in a Half Million Dollar Payment in 2018

You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (“EAP”) and wellness program likely are subject to…
Continue Reading Beware: HIPAA Applies to the Health Plans You Never Knew You Had (Part 1: Employee Assistance Programs)

I strongly urge every covered entity and business associate faced with a Business Associate Agreement that includes indemnification provisions to read Michael Kline’s “List of Considerations” before signing.  Michael’s list,…
Continue Reading Michael Kline’s “List of Considerations” for Indemnification Provisions in Business Associate Agreements

The Connecticut Supreme Court handed down a decision in the case of Byrne v. Avery Center for Obstetrics and Gynecology, P.C., — A.3d —-, 2014 WL 5507439 (2014) that

[a]ssuming,

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Continue Reading Connecticut Supreme Court Recognizes Individual’s Right for State Tort Action Using HIPAA as Standard of Care